encompass-cs/LICENSE

encompass-ts
Copyright Evan Hemsley 2019

COOPERATIVE SOFTWARE LICENSE

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
COPYFARLEFT PUBLIC LICENSE ("LICENSE"). THE WORK IS PROTECTED BY
COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE WORK OTHER THAN
AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY
EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS LICENSE, YOU AGREE
TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE
MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
CONTAINED HERE IN AS CONSIDERATION FOR ACCEPTING THE TERMS AND
CONDITIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS LICENSE.

1. DEFINITIONS

          a. "Adaptation" means a work based upon the Work, or upon the
          Work and other pre-existing works, such as a translation,
          adaptation, derivative work, arrangement of music or other
          alterations of a literary or artistic work, or phonogram or
          performance and includes cinematographic adaptations or any
          other form in which the Work may be recast, transformed, or
          adapted including in any form recognizably derived from the
          original, except that a work that constitutes a Collection will
          not be considered an Adaptation for the purpose of this License.
          For the avoidance of doubt, where the Work is a musical work,
          performance or phonogram, the synchronization of the Work in
          timed-relation with a moving image ("synching") will be
          considered an Adaptation for the purpose of this License.

          b. "Collection" means a collection of literary or artistic
          works, such as encyclopedias and anthologies, or performances,
          phonograms or broadcasts, or other works or subject matter other
          than works listed in Section 1(f) below, which, by reason of the
          selection and arrangement of their contents, constitute
          intellectual creations, in which the Work is included in its
          entirety in unmodified form along with one or more other
          contributions, each constituting separate and independent works
          in themselves, which together are assembled into a collective
          whole. A work that constitutes a Collection will not be
          considered an Adaptation (as defined above) for the purposes of
          this License.

          c. "Distribute" means to make available to the public the
          original and copies of the Work or Adaptation, as appropriate,
          through sale, gift or any other transfer of possession or
          ownership.

          d. "Licensor" means the individual, individuals, entity or
          entities that offer(s) the Work under the terms of this License.

          e. "Original Author" means, in the case of a literary or
          artistic work, the individual, individuals, entity or entities
          who created the Work or if no individual or entity can be
          identified, the publisher; and in addition (i) in the case of a
          performance the actors, singers, musicians, dancers, and other
          persons who act, sing, deliver, declaim, play in, interpret or
          otherwise perform literary or artistic works or expressions of
          folklore; (ii) in the case of a phonogram the producer being the
          person or legal entity who first fixes the sounds of a
          performance or other sounds; and, (iii) in the case of

          f. "Work" means the literary and/or artistic work offered under
          the terms of this License including without limitation any
          production in the literary, scientific and artistic domain,
          whatever may be the mode or form of its expression including
          digital form, such as a book, pamphlet and other writing; a
          lecture, address, sermon or other work of the same nature; a
          dramatic or dramatico-musical work; a choreographic work or
          entertainment in dumb show; a musical composition with or
          without words; a cinematographic work to which are assimilated
          works expressed by a process analogous to cinematography; a work
          of drawing, painting, architecture, sculpture, engraving or
          lithography; a photographic work to which are assimilated works
          expressed by a process analogous to photography; a work of
          applied art; an illustration, map, plan, sketch or
          three-dimensional work relative to geography, topography,
          architecture or science; a performance; a broadcast; a
          phonogram; a compilation of data to the extent it is protected
          as a copyrightable work; or a work performed by a variety or
          circus performer to the extent it is not otherwise considered a
          literary or artistic work.

          g. "You" means an individual or entity exercising rights under
          this License who has not previously violated the terms of this
          License with respect to the Work, or who has received express
          permission from the Licensor to exercise rights under this
          License despite a previous violation.

          h. "Publicly Perform" means to perform public recitations of the
          Work and to communicate to the public those public recitations,
          by any means or process, including by wire or wireless means or
          public digital performances; to make available to the public
          Works in such a way that members of the public may access these
          Works from a place and at a place individually chosen by them;
          to perform the Work to the public by any means or process and
          the communication to the public of the performances of the Work,
          including by public digital performance; to broadcast and
          rebroadcast the Work by any means including signs, sounds or
          images.

          i. "Reproduce" means to make copies of the Work by any means
          including without limitation by sound or visual recordings and
          the right of fixation and reproducing fixations of the Work,
          including storage of a protected performance or phonogram in
          digital form or other electronic medium.

          j. "Software" means any digital Work which, through use of a
          third-party piece of Software or through the direct usage of
          itself on a computer system, the memory of the computer is
          modified dynamically or semi-dynamically. "Software",
          secondly, processes or interprets information.

          k. "Source Code" means the human-readable form of Software
          through which the Original Author and/or Distributor originally
          created, derived, and/or modified it.

          l. "Web Service" means the use of a piece of Software to
          interpret or modify information that is subsequently and directly
          served to users over the Internet.

2. FAIR DEALING RIGHTS

   Nothing in this License is intended to reduce, limit, or restrict any
   uses free from copyright or rights arising from limitations or
   exceptions that are provided for in connection with the copyright
   protection under copyright law or other applicable laws.

3. LICENSE GRANT

   Subject to the terms and conditions of this License, Licensor hereby
   grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
   duration of the applicable copyright) license to exercise the rights in
   the Work as stated below:

          a. to Reproduce the Work, to incorporate the Work into one or
          more Collections, and to Reproduce the Work as incorporated in
          the Collections;

          b. to create and Reproduce Adaptations provided that any such
          Adaptation, including any translation in any medium, takes
          reasonable steps to clearly label, demarcate or otherwise
          identify that changes were made to the original Work. For
          example, a translation could be marked "The original work was
          translated from English to Spanish," or a modification could
          indicate "The original work has been modified.";

          c. to Distribute and Publicly Perform the Work including as
          incorporated in Collections; and,

          d. to Distribute and Publicly Perform Adaptations. The above
          rights may be exercised in all media and formats whether now
          known or hereafter devised. The above rights include the right
          to make such modifications as are technically necessary to
          exercise the rights in other media and formats. Subject to
          Section 8(g), all rights not expressly granted by Licensor are
          hereby reserved, including but not limited to the rights set
          forth in Section 4(h).

4. RESTRICTIONS

   The license granted in Section 3 above is expressly made subject to and
   limited by the following restrictions:

          a. You may Distribute or Publicly Perform the Work only under
          the terms of this License. You must include a copy of, or the
          Uniform Resource Identifier (URI) for, this License with every
          copy of the Work You Distribute or Publicly Perform. You may not
          offer or impose any terms on the Work that restrict the terms of
          this License or the ability of the recipient of the Work to
          exercise the rights granted to that recipient under the terms of
          the License. You may not sublicense the Work. You must keep
          intact all notices that refer to this License and to the
          disclaimer of warranties with every copy of the Work You
          Distribute or Publicly Perform. When You Distribute or Publicly
          Perform the Work, You may not impose any effective technological
          measures on the Work that restrict the ability of a recipient of
          the Work from You to exercise the rights granted to that
          recipient under the terms of the License. This Section 4(a)
          applies to the Work as incorporated in a Collection, but this
          does not require the Collection apart from the Work itself to be
          made subject to the terms of this License. If You create a
          Collection, upon notice from any Licensor You must, to the
          extent practicable, remove from the Collection any credit as
          required by Section 4(f), as requested. If You create an
          Adaptation, upon notice from any Licensor You must, to the
          extent practicable, remove from the Adaptation any credit as
          required by Section 4(f), as requested.

          b. Subject to the exception in Section 4(e), you may not
          exercise any of the rights granted to You in Section 3 above in
          any manner that is primarily intended for or directed toward
          commercial advantage or private monetary compensation. The
          exchange of the Work for other copyrighted works by means of
          digital file-sharing or otherwise shall not be considered to be
          intended for or directed toward commercial advantage or private
          monetary compensation, provided there is no payment of any
          monetary compensation in connection with the exchange of
          copyrighted works.

          c. If the Work meets the definition of Software, You may exercise
          the rights granted in Section 3 only if You provide a copy of the
          corresponding Source Code from which the Work was derived in digital
          form, or You provide a URI for the corresponding Source Code of
          the Work, to any recipients upon request.

          d. If the Work is used as or for a Web Service, You may exercise
          the rights granted in Section 3 only if You provide a copy of the
          corresponding Source Code from which the Work was derived in digital
          form, or You provide a URI for the corresponding Source Code to the
          Work, to any recipients of the data served or modified by the Web
          Service.

          e. You may exercise the rights granted in Section 3 for
          commercial purposes only if you statisy any of the following:

                i. You are a worker-owned business or worker-owned
                collective; and
                ii.  after tax, all financial gain, surplus, profits and
                benefits produced by the business or collective are
                distributed among the worker-owners
		iii. You are not using such rights on behalf of a business
		other than those specified in 4(e.i) and elaborated upon in
                4(e.ii), nor are using such rights as a proxy on behalf of a
                business with the intent to circumvent the aformentioned
                restrictions on such a business.

          f. Any use by a business that is privately owned and managed,
          and that seeks to generate profit from the labor of employees
          paid by salary or other wages, is not permitted under this
          license.

          g. If You Distribute, or Publicly Perform the Work or any
          Adaptations or Collections, You must, unless a request has been
          made pursuant to Section 4(a), keep intact all copyright notices
          for the Work and provide, reasonable to the medium or means You
          are utilizing: (i) the name of the Original Author (or
          pseudonym, if applicable) if supplied, and/or if the Original
          Author and/or Licensor designate another party or parties (e.g.,
          a sponsor institute, publishing entity, journal) for attribution
          ("Attribution Parties") in Licensor!s copyright notice, terms of
          service or by other reasonable means, the name of such party or
          parties; (ii) the title of the Work if supplied; (iii) to the
          extent reasonably practicable, the URI, if any, that Licensor
          specifies to be associated with the Work, unless such URI does
          not refer to the copyright notice or licensing information for
          the Work; and, (iv) consistent with Section 3(b), in the case of
          an Adaptation, a credit identifying the use of the Work in the
          Adaptation (e.g., "French translation of the Work by Original
          Author," or "Screenplay based on original Work by Original
          Author"). The credit required by this Section 4(f) may be
          implemented in any reasonable manner; provided, however, that in
          the case of a Adaptation or Collection, at a minimum such credit
          will appear, if a credit for all contributing authors of the
          Adaptation or Collection appears, then as part of these credits
          and in a manner at least as prominent as the credits for the
          other contributing authors. For the avoidance of doubt, You may
          only use the credit required by this Section for the purpose of
          attribution in the manner set out above and, by exercising Your
          rights under this License, You may not implicitly or explicitly
          assert or imply any connection with, sponsorship or endorsement
          by the Original Author, Licensor and/or Attribution Parties, as
          appropriate, of You or Your use of the Work, without the
          separate, express prior written permission of the Original
          Author, Licensor and/or Attribution Parties.

          h. For the avoidance of doubt:

                i. Non-waivable Compulsory License Schemes. In those
                jurisdictions in which the right to collect royalties
                through any statutory or compulsory licensing scheme
                cannot be waived, the Licensor reserves the exclusive
                right to collect such royalties for any exercise by You of
                the rights granted under this License;

                ii. Waivable Compulsory License Schemes. In those
                jurisdictions in which the right to collect royalties
                through any statutory or compulsory licensing scheme can
                be waived, the Licensor reserves the exclusive right to
                collect such royalties for any exercise by You of the
                rights granted under this License if Your exercise of such
                rights is for a purpose or use which is otherwise than
                noncommercial as permitted under Section 4(b) and
                otherwise waives the right to collect royalties through
                any statutory or compulsory licensing scheme; and,
                iii.Voluntary License Schemes. The Licensor reserves the
                right to collect royalties, whether individually or, in
                the event that the Licensor is a member of a collecting
                society that administers voluntary licensing schemes, via
                that society, from any exercise by You of the rights
                granted under this License that is for a purpose or use
                which is otherwise than noncommercial as permitted under
                Section 4(b).

          i. Except as otherwise agreed in writing by the Licensor or as
          may be otherwise permitted by applicable law, if You Reproduce,
          Distribute or Publicly Perform the Work either by itself or as
          part of any Adaptations or Collections, You must not distort,
          mutilate, modify or take other derogatory action in relation to
          the Work which would be prejudicial to the Original Author's
          honor or reputation. Licensor agrees that in those jurisdictions
          (e.g. Japan), in which any exercise of the right granted in
          Section 3(b) of this License (the right to make Adaptations)
          would be deemed to be a distortion, mutilation, modification or
          other derogatory action prejudicial to the Original Author's
          honor and reputation, the Licensor will waive or not assert, as
          appropriate, this Section, to the fullest extent permitted by
          the applicable national law, to enable You to reasonably
          exercise Your right under Section 3(b) of this License (right to
          make Adaptations) but not otherwise.

5. REPRESENTATIONS, WARRANTIES AND DISCLAIMER

   UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
   OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
   KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
   INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
   FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
   LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
   ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
   THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO
   YOU.

6. LIMITATION ON LIABILITY

   EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
   LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
   INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF
   THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
   OF THE POSSIBILITY OF SUCH DAMAGES.

7. TERMINATION

          a. This License and the rights granted hereunder will terminate
          automatically upon any breach by You of the terms of this
          License. Individuals or entities who have received Adaptations
          or Collections from You under this License, however, will not
          have their licenses terminated provided such individuals or
          entities remain in full compliance with those licenses. Sections
          1, 2, 5, 6, 7, and 8 will survive any termination of this
          License.

          b. Subject to the above terms and conditions, the license
          granted here is perpetual (for the duration of the applicable
          copyright in the Work). Notwithstanding the above, Licensor
          reserves the right to release the Work under different license
          terms or to stop distributing the Work at any time; provided,
          however that any such election will not serve to withdraw this
          License (or any other license that has been, or is required to
          be, granted under the terms of this License), and this License
          will continue in full force and effect unless terminated as
          stated above.

8. MISCELLANEOUS

          a. Each time You Distribute or Publicly Perform the Work or a
          Collection, the Licensor offers to the recipient a license to
          the Work on the same terms and conditions as the license granted
          to You under this License.

          b. Each time You Distribute or Publicly Perform an Adaptation,
          Licensor offers to the recipient a license to the original Work
          on the same terms and conditions as the license granted to You
          under this License.

          c. If the Work is classified as Software, each time You Distribute
          or Publicly Perform an Adaptation, Licensor offers to the recipient
          a copy and/or URI of the corresponding Source Code on the same
          terms and conditions as the license granted to You under this License.

          d. If the Work is used as a Web Service, each time You Distribute
          or Publicly Perform an Adaptation, or serve data derived from the
          Software, the Licensor offers to any recipients of the data a copy
          and/or URI of the corresponding Source Code on the same terms and
          conditions as the license granted to You under this License.

          e. If any provision of this License is invalid or unenforceable
          under applicable law, it shall not affect the validity or
          enforceability of the remainder of the terms of this License,
          and without further action by the parties to this agreement,
          such provision shall be reformed to the minimum extent necessary
          to make such provision valid and enforceable.

          f. No term or provision of this License shall be deemed waived
          and no breach consented to unless such waiver or consent shall
          be in writing and signed by the party to be charged with such
          waiver or consent.

          g. This License constitutes the entire agreement between the
          parties with respect to the Work licensed here. There are no
          understandings, agreements or representations with respect to
          the Work not specified here. Licensor shall not be bound by any
          additional provisions that may appear in any communication from
          You. This License may not be modified without the mutual written
          agreement of the Licensor and You.

          h. The rights granted under, and the subject matter referenced,
          in this License were drafted utilizing the terminology of the
          Berne Convention for the Protection of Literary and Artistic
          Works (as amended on September 28, 1979), the Rome Convention of
          1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
          and Phonograms Treaty of 1996 and the Universal Copyright
          Convention (as revised on July 24, 1971). These rights and
          subject matter take effect in the relevant jurisdiction in which
          the License terms are sought to be enforced according to the
          corresponding provisions of the implementation of those treaty
          provisions in the applicable national law. If the standard suite
          of rights granted under applicable copyright law includes
          additional rights not granted under this License, such
          additional rights are deemed to be included in the License; this
          License is not intended to restrict the license of any rights
          under applicable law.